FORM 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28153
THIRD DIVISION Docket No. MW-27538
89-3-86-3-800
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (National Railroad Passenger Corporation (Amtrak) - ( Northeast Corridor

STATMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when the Carrier failed and refused to properly compensate the employes assigned to the CWR unit headquartered in camp cars at Downington, Pennsylvania for the work they performed on July 23, 24 and 25, 1985 (System File NEC-BMWE-SD-1365).

(2) As a consequence of the violation referred to in Part (1) above, the employes assigned to the CWR Unit on July 23, 24 and 25, 1985 shall each be allowed fifteen (15) hours of pay at their respective straight time rates."

FINDINGS:

The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

The issue involved in this Docket has been before this Board a number of times previously. In Third Division Award 26518, involving these same parties, the Board stated:

"A review of the record before the Board warrants the conclusion that the Carrier is in error in the manner in which it is interpreting the operant Agreement and the Special Construction Gangs Agreement. Rule 40 unambiguously defines a 'work week' as one beginning on the first day on which an assignment is bulletined to work. Paragraph 1(d) of the Special Construction Gangs Agreement clearly states that such work week can consist of 4 ten-hour work days with any 3 ' consecutive days as rest days.' Rule 90 (a) permits

Form 1 Award No. 28153
Page 2 Docket No. MW-27538
89-3-86-3-800
the same type of arrangement. The Carrier effectively
bulletined 4 day work weeks. Rule 45 states that time
worked in excess of 40 straight time hours in any work
week will be paid at the time and one-half rate. No
thing in Rule 32 nullifies the mandates found in the
rules cited in the foregoing. Further, this latter
Rule provides that the guidance found therein shall

hold '... (e)xcept as otherwise provided in this Agree

ment ....' The burden of proof has sufficiently been

met by the organization as moving party in the instant

case."

Third Division Awards 26519, 26522 and 26523 reached the same conclusion. We do not find Awards 26518, 26519, 26522 and 26523 to be in palpable error. They will be followed here.

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

Attest:

ASHREMEM

Nancy J. pff,7 - Executive Secretary

Dated at Chicago, Illinois this 16th day of October 1989.